PART 2Appeal Book and Transcript — Appeals other than Sentence Appeals (continued)

Negotiations on Size of Appeal Book and Transcript

9(1) The appellant and respondent shall attempt to reduce the bulk of the appeal book and transcript by excluding from them material, including evidence, that is unnecessary for a proper hearing of the appeal.

(2) The appellant or respondent may suggest to the other party what material ought to be excluded from the appeal book or transcript.

(3) The appellant or respondent, on two days’ notice, may take out an appointment with the registrar to settle the appeal book or transcript.

(4) The registrar may give directions respecting what should be included or deleted from the appeal book or transcript.

(5) The appellant or respondent may appeal a direction of the registrar to a justice and the justice may refer the question to the registrar of the court appealed from or to a judge of that court.

Factums

10(1) Unless otherwise directed by the registrar, the appellant shall file four copies of his factum and deliver a copy of it to the respondent within 30 days after filing the appeal book and transcript.

(2) Unless otherwise directed by the registrar, the respondent shall file four copies of his factum and deliver a copy of it to the appellant within 30 days after receiving the appellant’s factum.

(3) Where the appellant wishes to reply to the respondent’s factum, he shall file his factum in reply within seven days after receiving the respondent’s factum and promptly deliver a copy of it to the respondent.

(4) Factums shall comply with Form 6 and the requirements set out in that Form.

(5) The registrar shall not accept a factum for filing that does not substantially comply with Form 6.

(3) After a pre-hearing conference, the justice who held it may make a direction on any matter referred to in paragraphs (2)(a) to (e) and that direction shall govern the conduct of the appeal unless the court or a justice orders otherwise.

Time Limits

16 The court or a justice may extend or shorten the time within which the giving of any notice or the doing of any act required by these Rules may be done, notwithstanding the application for the extension or the order granting it having been made after the expiration of the time in respect of which the application to extend is made.

Applications to the Court or a Justice

17(1) A party who wishes to make an application to the court or a justice shall do so on two clear days’ notice to the other party to the appeal, unless the court or a justice orders otherwise.

(2) The applicant shall file a copy of the notice of appeal with his application and the material on which he relies, verified by affidavit, unless the court or a justice orders otherwise, and he shall serve all material, including the affidavits, on the other party to the appeal.

(3) Where an appellant is not represented by counsel, the court or a justice may dispense with service of the material where

(a) the appellant did not state any address for service on his notice of appeal; or

(b) the respondent establishes that the appellant’s address for service was fictitious.

Non-compliance with Rules

18 A court or a justice may permit non-compliance with any Rule, subject to such terms and conditions the court or justice thinks fit.

PART 5Release from Custody

Release Applications

19(1) In the case of an application for release under section 679 of the Criminal Code, the appellant shall file an application in Form 8 and the material referred to in subrule (2) and shall serve a copy thereof on the prosecutor.

(2) The application shall be accompanied by an affidavit verifying the facts on which the appellant relies in support of his application, including:

(a) a statement of all places where he has resided for the three year period preceding the date on which he was sentenced;